mEDICAL MALPRACTICE
Nursing Home Abuse and Neglect Lawyers
Nursing home residents have the right to be treated with dignity and protected from abuse, neglect and exploitation. Yet mistreatment can take many forms, from physical and emotional abuse to financial exploitation and failures to provide adequate care or supervision. When something doesn’t seem right, families deserve to know what happened and what legal options may be available.
Morgan Levine Dolan, P.C. represents individuals and families affected by serious negligence and wrongdoing. If you suspect a loved one has experienced nursing home abuse or neglect, contact our office for a free case evaluation.
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Advocates For Nursing Home Abuse Victims
Recognizing the Signs of Nursing Home Abuse
Nursing home abuse and neglect are not always immediately apparent. Residents may have difficulty communicating what happened or may be reluctant to speak about mistreatment. Families should watch for unexplained physical injuries as well as noticeable changes in a loved one’s appearance, health or behavior.
Possible warning signs include unexplained bruises, cuts or fractures, sudden weight loss or dehydration, poor hygiene, pressure sores and changes in mood or social behavior. Torn clothing, missing personal belongings or complaints about rough or inappropriate treatment may also raise concerns. While these signs do not necessarily establish that abuse or neglect has occurred, they may warrant a closer look at the care a resident is receiving.
Nursing Homes Have a Responsibility to Their Residents
Nursing homes are responsible for providing residents with appropriate care and protecting their health and safety. That responsibility includes recognizing the individual needs and risks of each resident and providing the level of care and supervision those circumstances require.
When a resident is harmed, a nursing home abuse or neglect claim may examine whether the facility failed to provide adequate care, supervision or services and whether that failure contributed to the injury. Establishing a claim can involve showing that the nursing home had a duty to protect the resident, failed to meet that obligation and caused harm as a result.
Pursuing a Nursing Home Abuse Claim
Determining what happened inside a nursing home can require a detailed investigation. Depending on the circumstances, attorneys may review medical records, facility records and staffing information, speak with witnesses and consult with medical professionals or other appropriate experts.
If abuse or neglect caused a resident harm, compensation may be available for medical expenses, ongoing care, pain and suffering and other losses. The potential compensation and parties that may be held responsible depend on the facts of each individual case.
Nursing Home Residents Have Legal Rights
Nursing home residents have legal protections intended to preserve their safety, dignity and well-being. These include the right to receive appropriate medical and personal care, live in a safe environment, participate in decisions about their treatment and be free from physical, emotional and sexual abuse.
When a facility fails to protect those rights and a resident is injured, the circumstances may support an abuse or negligence claim. Families who suspect a violation can seek to determine what happened and whether legal action may be appropriate.
Why Nursing Home Abuse and Neglect Can Occur
Nursing home abuse and neglect can result from deliberate mistreatment by an individual, but inadequate care can also reflect broader problems within a facility. Understaffing, inadequate training and employee burnout can create situations in which residents do not receive the attention and assistance they need.
An investigation may therefore look beyond a single incident or caregiver. Staffing records, training practices and other facility information may help determine whether larger problems contributed to a resident’s abuse, neglect or injuries.
Contact New York Nursing Home Abuse Lawyers of Morgan Levine Dolan, P.C.
There are no fees or expenses unless a recovery is obtained. However, every claim has a deadline, so it is important that you review any potential claim with a qualified nursing home abuse lawyer as soon as possible.
